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HomeMy WebLinkAbout05-333.doc NOVEMBER 8, 2005 05-333 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN PURPOSE: APPROVE PARKING AGREEMENT; ADOPT FINAL 2006 OPERATING PLAN - DOWNTOWN OSHKOSH BID INITIATED BY: DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT BOARD BID BOARD RECOMMENDATION: APPROVED BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Agreement between the City of Oshkosh and the Downtown Oshkosh Business Improvement District is hereby approved and the proper City officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. BE IT FURTHER RESOLVED that the Downtown Oshkosh Business Improvement District 2006 Final Operating Plan, on file at the City Clerk's office, is hereby approved and adopted. L AGREEMENT This AGREEMENT made this day of November, 2005, by and between the CITY OF OSHKOSH, a Wisconsin corporation, hereinafter referred to as "CITY", and the DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT, hereinafter referred to as "BID"; WITNESSETH: WHEREAS, the City of Oshkosh was petitioned to establish a Business Improvement District; and WHEREAS, on September 17, 1987, the City created the Downtown Business Improvement Dîstrict. NOW, THEREFORE, for and in consideration of the mutual promises therein contained, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: A. The BID shall contribute $17,400.00 to the Parking Utility Fund. B. The BID authorizes the City, beginning April 1, 2006, and ending August 1,2006, to transfer five (5) equal installments of $3,480.00 from the BID's segregated account to the City Parking Utility Fund. C. The term of this Agreement is from January 1, 2006 to December 31, 2006 unless the BID is terminated pursuant to Section 66.1109, Wis. Stats. D. If the BID is terminated prior to the end of the term of this Agreement, the City shall reimburse the BID on a pro rata basis based on the number of months left in the term of this Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year above written. DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT CITY OF OSHKOSH BY: NORMAN PACKER, CHAIRMAN BY: RICHARD A. WOLLANGK, CITY MANAGER AND: AND: JACKSON R. KINNEY, SECRETARY PAMELA R. UBRIG, CITY CLERK APPROVED AS TO FORM: LYNN LORENSON, ASSIST ANT CITY ATTORNEY 2006 Parking Utility A&,"eement (> (\1 f\¡ TABLE OF CONTENTS DOWNTOWN OSHKOSH BID D ISTRI CT BOUNDARIES ...................................................1 INTR 0 D U CTI ON.............. .......................................... ..................................... ..... ......~..... ............2 THE BID LA W .. ... ...... ............. .... ...................... ............................................ ................................2 ANNUAL REPORT 2005.............. .......... ............ ................... ...................... ..... ............ ................3 2006 OPERA TIN G PLAN...... ...... ....................... ...... .................. ........... ..... .................. ................ 6 2006 D ISTRI CT ASSESSMENT .................. ................. ...... .................................................. ....... 8 OR GANIZA TI 0 N ..... ...... ..... ..................... ................ ........ ................... ............................ .... .........8 RELATIONSHIP TO DOWNTOWN PLANNING ...................................................................9 DOWNTOWN OSHKOSH BID ASSESSMENT METHOD ....................................................9 APPENDIX A - ASSESSMENT TABLES ................................................................................10 APPENDIX B - WISCONSIN STATUTES, SECTION 66.1109~............................................13 APPENDIX C - .LEGAL OPINION ...........................................................................................15 APPENDIX D - DOWNTOWN OSHKOSH BID BOARD ROSTER....................................16 f\ r (\ Downtown Oshkosh Business Improvement District Boundaries In general, the boundaries ofthe Downtown Oshkosh Business Improvement District are the Fox River on the south, Division Street on the west, Parkway Avenue on the north, and Jefferson Street/State Street on the east. . Business Improvement District CITY OF OSHKOSH, WISCONSIN H W -<>- ' e o~ , G." .. .. --- .. - Octo"er 7, 2003 1 @>. Downtown O/hko/h I) i éJ bu/l/MJ/lm )loucmcnl dilldcl INTRODUCTION ""! In 1980, the Common Council adopted the Downtown Redevelopment Plan and Implementation Strategy. The Plan recommended increasing organizational efforts between the public and private sectors as well as establishing a voluntary special assessment district. A follow-up study, Planning Report - Central City Oshkosh, approved by the Common Council in 1987, expanded various elements of the previous plans and in particular recommended the creation of a management vehicle and funding base to serve the downtown area. The management tool recommended was a Business Improvement District. The Downtown Oshkosh Business Improvement District (BID) is an essential entity to the Central Business District of Oshkosh. The BID, created in 1987, has maintained its initial premise, to retain ftee parking in the downtown as well as pro-actively support revitalization efforts. The downtown continues to change as the mix of residential, commercial and professional customers fill the district. The BID welcomes these changes as opportunities to continue economic development in our central city. Through the BID, property owners assess themselves to pay for activities to enhance and improve the downtown area. THE BID LAW r¡ On Apri16, 1984, the State of Wisconsin passed a law (Act 184), which allows for the creation of Business Improvement Districts. The purpose ofthe law is to authorize cities, villages, and towns to create one or more business improvement districts to allow businesses within those districts to develop, manage, maintain, and promote their districts and to establish an assessment method to fund these activities. A BID must be a geographic area within a municipality consisting of contiguous parcels, which are subject to real estate taxes. The formation of a business improvement district allows downtowners (business people, property owners, merchants, City officials and others), to figure out what needs to be done to upgrade and strengthen the downtown and to pay the cost of doing it, in whole or in part. It is a way for downtowners to decide what they want and to finance it. A BID is the best available method for business people to organize, coordinate marketing and promotion efforts, provide management and maintenance programs, and encourage business development. It affords property owners and business people a very real role in directing those affairs within the district, which influence their investment and environment. It also ensures that all beneficiaries of District programs participate in the funding ofthe programs. The beneficiaries extend beyond the District boundaries and not all beneficiaries fund the BID programs. Appendix B is a copy ftom the 2003-2004 Wisconsin Statutes Section 66.1109, regarding business improvement districts. r\¡ 2 @. Downtown O/hko/h I) i éJ bu/lnen Improucmcnl dllldcl 2005 ANNUAL REPORT f'-. This year's annual report will include brief summaries of activities the Downtown Oshkosh BID has been involved in and has sponsored over the past year. In general, a total of approximately $173,300 was available to implement activities identified in the 2005 Operating Plan, which includes carryover funds from the 2004 Operating Year. FREE PARKING SUPPORT The Downtown Oshkosh BID contributed $19,300 to the City's Parking Utility. Throughout the year, the BID also supported or initiated several changes to the downtown parking environment, including: new p;u-king spaces on the east side of the 100-Block of North Main Street, new parking spaces on the north side of A1goma Boulevard from Main Street to Division Street, and the increase from a 90-minute time limit for on-street parking to a 2-hour time limit. EVENTS SUPPORT the Downtown Oshkosh BID supported several events over the past year in the Downtown. These are explained briefly. "Live at Lunch" - Noon Concert Series - This is the third year the BID has provided funds towards a summer concert series held each Wednesday in Opera House Square. This noon concert series invited downtown shoppers and workers to spend their lunch hour listening to a variety of music with the option of purchasing lunch from various downtown vendors. The attendance totaled 2,650 attendees during the 16-week season. Funds contributed totaled $4,000. r. Gallery Walk - The monthly Gallery Walk continued its success during 2005 with an average of 15-18 galleries open on the first Saturday of each month with hundreds of people coming downtown to tour the galleries. Funds contributed totaled $1,200. Movies in the Park - Funds in the amount of$7,500 were allocated towards the presentation of six movies shòwn in Opera House Square in late-July through mid-August. Attendance totaled 1,965 patrons during the six-week showing. Event organizers coordinated with the Grand Opera House to use the theater in the event of rainy weather. Halloween Parade, Costume Contest, and Trick or Treating - On October 28, Opera House Square was the site of the Fourth Annual Downtown Halloween Parade and Safe Trick-or-Treat. Children were able to participate in a costume contest, trick-or-treating at downtown businesses, and a carnival atmosphere with games and prizes. Funds contributed by the BID totaled $1,500. Holiday Parade - The BID contributed $1,500 towards this event held annually in November. Downtown Oshkosh is recognized in advertising for the event, which is organized by OCDC. r\ 3 @. Downtown O/hko/h I) i éJ bu/lncllimproucmcni dlllrki f'~ r> r: Oshkosh 100 - Building upon the previous three years successes with the Oshkosh 100 and the Oshkosh 150, the BID contributed $4,000 to this year's Oshkosh 100. The Oshkosh 100 is comprised pieces of work ITOm local artists that were displayed at the Monk-Reising Gallery, 502 N. Main Street. Over 2,000 guests attended the opening reception on September 3, 2005. ~¿J'.. ~, ~ 1 CJ Waterfest - With the new Riverside Park and Leach Amphitheater completed for the 2005 Waterfest season, the BID contributed $10,000 toward sponsorship ofthis event. This concert series draws thousands of people to downtown Oshkosh every Thursday night throughout the summer. MARKETING & DEVELOPMENT Funds in this category went to support the preparation of "The Reporter", the Downtown Oshkosh BID newsletter which is distributed to all members of the BID with updates and activities of events and occupants in Downtown Oshkosh. Funds will be used for the Annual Meeting to be held in December. The Downtown Oshkosh BID shares past year accomplishments and its Operating Plan for the upcoming year. All owners and tenants of property within the Downtown Oshkosh BID are invited to attend. Members of the Development Committee, a sub-committee of the Downtown Oshkosh BID Board, continued to meet monthly throughout the year. This committee consists of representation ITom the Board, OCDC, the City, and other owners and tenants within the District. They serve to improve communication between various entities involved in downtown Oshkosh and the Downtown Oshkosh BID. . BEA UTIFICATION The expenditures in the activities supporting beautification are explained below. Banners - Expenditures for this activity included payments for some additional banners in the district. Clean Up - In an effort to keep downtown attractive, the Downtown Oshkosh BID continued to utilize an employee who is supervised by OCDC. This employee is responsible for changing banners, removing graffiti, and any other general maintenance duties. Other expenditures in "Beautification" include installation/removal of white lights for the trees in Opera House Square, flowers for the parking lot at Pearl/Main Street, and a new sprayer to water the hanging baskets more effectively. 4 @>. Downtown O/hko/h I) i éJ bu/lnClllmploucmcnl dllirlct REFUSE ENCLOSURE PROJECT (\ In 2005, the BID Board contracted to have a new enclosure constructed in the Algoma Parking lot. The masonry enclosure was completed in the summer and has greatly improved the aesthetics of the lot. CONTRACTED SERVICES The Downtown Oshkosh BID Board contracted with the Oshkosh Commercial Development Corporation (OCDC) in the amount of $27,000 for the year. OCDC staff provided support for the Downtown Oshkosh BID includes an Executive Director and an Economic Development & International Trade Coordinator. OCDC makes monthly reports to the Board on the activities they have conducted and how hours were spent on projects as identified in the Operating Plan. f¡. OCDC continued to coordinate activities for the Mayor'sBreakfast Committee held in August. This was the 16th year the event was held and had 2,200 guests in attendance. OCDC also coordinated the preparation and dispersion ofthe applications for the BID's Recruitment Grant program. The Downtown Oshkosh BID also contracted with Monk-Reising/Intergen in the amount of $5,000 for the operating year. These administrative funds were used to support the organization and coordination of events such as the Oshkosh 100, Movies in the Park, Downtown Trick-or- Treat, and the Gallery Walk. RECRUITMENT GRANT FUND During the 2005 Operating Year, the Board utilized a subcommittee to review Recruitment Grant applications. Grant funds are provided to new businesses relocating into the BID District or to expansion projects for those businesses currently in the district. Grant funds are forgiven after two years, given the business is still in operation. In 2005, six businesses were awarded $38,000 in grant funds for either establishing a new location or expanding a business. REVOL VING LOAN FUND Funds in the amount of$1 ,000 were allocated to the Revolving Loan funds program as administered by OCDC. This is the second of a five-year commitment to this program by the BID Board. ('\¡ 5 @>. Downtown O/hko/h I) i éJ bu/lnClllmploucmcnl dllirici DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT 2006 OPERATING PLAN r\ , The Downtown Oshkosh BID has established allocations for the 2006 Operating Plan for each program category after reviewing previously supported activities and soliciting new ideas. The Downtown Oshkosh Business Improvement District Board will carry out the proposed program of activities listed below. Expenditures associated with each category are included in Table 1 on page 8. These projected costs include all services related to Parking Support, Event Support, Marketing & Development, Beautification, Contract Services, Recruitment Fund, and Revolving Loan Fund. Specific activities are listed under these broad categories, but allocations may change for these activities during the year. The activities are provided as examples of what the Downtown Oshkosh BID endorses and have identified as supportable activities. The BID will assess itself $136,000 in 2006. The assessment will allow the Downtown Oshkosh BID to carryout those activities and continue to playa large role in the physical improvement and the support of events in the district. PROGRAM CATEGORIES I. Parking Support Assessment: $17,400 r\ Funds will be used to support parking in the downtown area. An agreement between the City, the Downtown Oshkosh BID, and the Parking Utility will be set as has been done in the past. II. Events Support Assessment: $27,200 Funds will used to support a variety of events in the downtown area, and specifically Opera House Square. Funding for specific events will be completed at a future Board meeting. Funds will be used for the Downtown Oshkosh BID's Annual Meeting. All owners and tenants within the district are invited to review accomplishments and to share plans and solicit ideas for the upcoming year. III. Marketing & Development Assessment: $9,800 Funds will be used to compile and distribute the quarterly newsletter to all members of the district. (\, Funds will be also be used for the new Marketing Committee, which will take over some of the roles and responsibilities ofthe former Greater Downtown Oshkosh Association. OCDC will provide administrative support to this new committee. 6 $. Downtown O/hko/h I) i éJ bu/lnclllmplOVcmcnl dl/lñd (\¡ IV. Beautification Assessment: $15,600 Funds will be used to support activities and programs to keep the District clean oftrash and debris, as well as improving the overall look of the District. This includes hiring an employee to clean up graffiti, pick up trash, and maintain garbage areas. The purchase of banners, plants, and flowers is also included in the Beautification category. IV. Contract Services Assessment: $30,000 A. A portion of the Contract Services Fund will be used to contract with OCDC to assist the BID Board in accomplishing specific activities and programs as established in the 2006 Operating Plan. OCDC will coordinate activities and programs and report directly to the BID Board. r. The 2005 contract between OCDC and the Downtown Oshkosh BID was broken down into the following categories: . Marketing, Promotion, and Special Events (240 hours) . Business Recruitment and Retention (240 hours) . Physical Maintenance (130 hours) . Physical Improvements (12 hours) . Traffic/Parking Support (16 hours) . Special Projects Support (25 hours) . Organizational Support (120 hours) The contract with OCDC equates to 783 hours in supportive services as listed above. It is anticipated that the 2006 contract between OCDC and the Downtown Oshkosh BID may be of a similar format, after the Board prioritizes and adjust time allocations among the activity categories. A second contract with Jennifer Monk-Reising/Intergen will be established for the implementation of four events: Gallery Walk, Free Movies in the Park, the Oshkosh 100, and the Halloween Parade/Trick-or-Treat event. V. Recruitment Fund Assessment: $35,000 Funds will be used as a recruitment tool to attract new businesses, relocate an existing business in the district, or expand an existing business within the BID. In 2003, a committee was established to create criteria and guidelines for the allocation of these grant funds. This committee will continue to review applications and forward recommendations to the BID Board. The Downtown Oshkosh BID Board intends to support businesses that add to the variety of goods and services available in the BID. r\ 7 ~ Downtown O/hko/h I) i éJ bu/l/MJllmproucmcnl dlllrlct VI. Revolving Loan Fund Assessment: $1,000 (\ Funds will be contributed to the Revolving Loan Fund administered by the OCDC. This is the third year of a five-year commitment by the BID Board to this program 2006 DISTRICT ASSESSMENT The 2006 District Assessment will be combined with any carryover funds from the 2005 Operating Plan and will be put toward 2006 program activities. In 2005, the BID assessed itself $132,840 to support activities in their Operating Plan. In 2006, the BID is proposing to assess itself $136,000, an increase of 2.5 percent over the 2005 assessment. Pro' ect Parking Contract Services Recruitment Fund Beautification Revolving Loan Fund Marketing & Development Events Su ort Total 0 eratin Bud et Table 1. Overall 2006 Downtown Oshkosh BID 0 eratin Bud et Allocation 2006 Assessment $17,400 $30,000 $35,000 $15,600 $1,000 $9,800 $27,200 $136,000 r\ ORGANIZATION Pursuant to Section 66.1109(3), Wisconsin Statutes, a Downtown Business Improvement District Board has been appointed by the Mayor and confirmed by the Common Council. The Board is comprised of 10 members representing the following interests: 4 Non-Occupant Owners 5 Owner/Occupants 1 Person-At-Large The distribution of non-occupant owners and owner/occupants may vary ITom time to time, as members are reappointed or as new members join the Board. Per section 66.1109 (3a), Wisconsin Statutes, a majority of the board members shall own or occupy real property in the business improvement district. Nonresidents of the City of Oshkosh are permitted as members of the Downtown Oshkosh Business Improvement District Board. Other membership requirements may apply per the "By-Laws of the Downtown Oshkosh Business Improvement District" (dated December 19, 1989). r In addition, Board members represent different areas within the District, including large and small businesses. As a City entity, the Board will conduct its affairs under the open meetings law and public record requirements. The Director of Community Development or designee serves as the Secretary of the Board. Board meetings are held the third Tuesday of the month in Room 204 of City Hall. A roster of the 2005 BID Board members is included as Appendix D. 8 @. Downtown O/hko/h I) i éJ bullnclllmplOucmcnl dlltdcl r> The Board is responsible for the management of the Business Improvement District. Responsibilities of the Board include implementing the Operating Plan and preparing annual reports on the District. The Board will also annually consider and make changes to the Operating Plan and submit the Operating Plan to the Common Council for approval. RELATIONSHIP TO DOWNTOWN PLANNING In 2000, the Common Council adopted the Downtown Action Plan, which contains various elements related to downtown design and development with prominent focus on redevelopment and beautification in BID areas. The Downtown Oshkosh Business Improvement District is consistent with and critical to the continued successful implementation of these downtown plans. The BID enables the private sector to undertake promotion, management, marketing, and other programs essential to a prosperous downtown. Downtown Oshkosh BID ASSESSMENT METHOD The City of Oshkosh Downtown Business Improvement District special assessment method utilizes assessed value information and property street footage data, both of which are available from the City Assessor's. Office. As the absolute values of assessed value and footage cannot be combined, the values are calculated as a percentage of the total assessed value and a percentage of the street footage. The two percentages are added with the sum divided by 200 percent, which results in a proportionate value of the total district. A property's proportionate value ofthe total District is multiplied by the District budget, resulting in the special assessment for the property. r: The raw data, assessment calculations, and proposed District assessment for each property in the Downtown Oshkosh Business Improvement District are presented in Appendix A. The data for the assessment method have been obtained from the files ofthe City Assessor and are subject to final tabulation by the City. To account for street footages, ranging from very short front footages to entire blocks, the footage was computed in a manner similar to the City's normal special assessment methodology. Property used for commercial and manufacturing purposes in the District will be assessed. However, real property used exclusively for residential purposes will not be assessed. r'\ , 9 @. Downtown O/hko/h I) i éJ bullnCiI Impfoucmcnl "11111<1 ) ') App"..uíx A ) 2006 DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT ASSESSMENT ROLL ASSESSED % TOTAL % TOTAL 2006 ASSESSMENT $ Change PARCEL NO. OWNER ADDRESS VALUE ASSESSED VALUE FOOTAGE FOOTAGE TOTAL % TOTAL ON $136,000 from 2005 90100130000 REDEVELOPMENT ASSOCIATES OF OSHKOSH LLC 223 N MAIN ST $ 193,100 0,004472473 104 0.008003078 0.012475552 0.006237776 $ 848.34 $ (10.25) 90100140000 DUKE REAL ESTATE LLC 217 N MAIN ST $ 603,200 0.013970979 180 0,013851481 0.027822460 0,013911230 $ 1,891.93 $ (781.17) 90100170000 M & I CENTRAL STATE BANK N MAIN ST $ 70,400 0.001630565 234 0.018006926 0.019637491 0.009818745 $ 1,335,35 $ (85.22) 90100300000 FIRST WISC NATL BANK OSHKOSH 111NMAINST $ 3,000,000 0,069484310 874 0,067256637 0.136740947 0.068370474 $ 9,298.38 $ (283,22) 90100600000 CITY CENTER ASSOCIATES LLC 201 PEARL AVE $ 5,465,500 0.126588832 1767 0.135975375 0.262564208 0.131282104 $ 17,854.37 $ 1,567.12 90100600101 BAYSHORE DEVELOPMENT II LLC 101 COMMERCE ST $ 6,843,600 0.158507608 301 0.023162755 0.181670363 0.090835182 $ 12,353.58 $ 2,129.11 90100770000 HILLENBRAND TRUSTEE ANNE B 222 PEARL AVE $ 136,800 0.003168485 40 0.003078107 0.006246592 0.003123296 $ 424.77 $ (62.73) 90100810000 M & I CENTRAL STATE BANK 50 PEARL AVE $ 1,028,400 0.023819222 791 0.060869565 0.084688787 0.042344393 $ 5,758.84 $(1,075.96) 90100850000 SPARRINVESTMENTSLLC 103 HIGH AVE $ 262,200 0.006072929 50 0.003847634 0.009920562 0.004960281 $ 674.60 $ (99.41) 90100860000 SPARR INVESTMENTS 101 HIGH AVE $ 81,500 0.001887657 70 0.005386687 0.007274344 0.003637172 $ 494.66 $ (6.33) 90100870000 KINGS LAUNDRY INC 118 HIGH AVE $ 248,800 0.005762565 150 0.011542901 0.017305467 0.008652733 $ 1,176.77 $ 9.99 90100890000 SITTER STEVE J 114 HIGH AVE $ 100,100 0.002318460 20 0.001539053 0.003857513 0.001928757 $ 262.31 $ (36.10) 90100950000 ALBRIGHT ROBERT J 103 ALGOMA BLVD $ 304,800 0.007059606 50 0.003847634 0.010907240 0.005453620 $ 741.69 $ 185,54 90100960000 NASLUND NELS H/CAROL J 101 ALGOMA BLVD $ 120,200 . 0.002784005 84 0.006464025 0.009248029 0.004624015 $ 628.87 $ (25.65) 90100990000 MANSKE WILLIAM R HIGH AVE $ 30,200 0.000699475 100 0.007695267 0.008394743 0.004197371 $ 570,84 $ (11.21) 90100990100 MANSKE WILLIAM R 300 DIVISION ST $ 91.500 0.002119271 40 0.003078107 0,005197378 0.002598689 $ 353.42 $ (9.55) 90101000000 NORTHERN TELEPHONE & DATA CORP 144 HIGH AVE $ 104.990 0.002431729 50 0.003847634 0.006279362 0.003139681 $ 427.00 $ (84.78) 90101020000 LANDMARK DEVELOPMENT COMPANY L TD PRTNSHP HIGH AVE $ 41,900 0.000970464 120 0.009234321 0.010204785 0.005102393 $ 693.93 $ (13.45) 90101030000 WIL~INS RICHARD A 145 HIGH AVE $ 91.700 0.002123904 60 0.004617160 0.006741064 0.003370532 $ 458.39 $ 39.64 90101040000 KLRR INC 141 HIGH AVE $ 87,500 0.002026626 20 0.001539053 0.003565679 0.001782840 $ 242.47 $ 35.80 90101050000 KLRR INC 139 HIGH AVE $ 81,300 0.001883025 30 0.002308580 0.004191605 0.002095803 $ 285.03 $ 26.09 90101060000 GILLENS LLC 135 HIGH AVE $ 30,400 0.000704108 38 0.002924202 0.003628309 0.001814155 $ 246.73 $ 31.92 90101180000 HIRSCHBERG/NORM BOCK SIDNEY R 250 PEARL AVE $ 224,800 0.005206691 180 0.013851481 0,019058172 0.009529086 $ 1.295.96 $ 66.71 90200010000 DAVIS JAMES G 226 N MAIN ST $ 77,500 0.001795011 57 0.004386302 0.006181314 0.003090657 $ 420.33 $ (17.81) 90200020000 RUSCH ETAL THOMAS N 220 N MAIN ST $ 340,900 0.007895734 67 0.005155829 0.013051563 0.006525781 $ 887.51 $ 284.17 90200030000 HAREN BURG THOMAS A 206 N MAIN ST $ 164,400 0.003807740 62 0.004771066 0.008578806 0.004289403 $ 583.36 $ (40.31) 90200080000 VERHOEVEN PATRICIA M 219 STATE ST $ 271,500 0.006288330 48 0.003693728 0.009982058 0.004991029 $ 678.78 $ 52.94 90200090000 BURNS GERALD WAUGOO AVE $ 10,400 0.000240879 35 0.002693344 0.002934223 0.001467111 $ 199.53 $ (13.09) 90200100000 BURNS GERALD 13 WAUGOO AVE $ 86,000 0.001991884 21 0.001616006 0.003607890 0.001803945 $ 245.34 $ 54.53 90200110000 SNIDER SUSAN REIMER 9 WAUGOO AVE $ 70,900 0.001642146 35 0.002693344 0,004335489 0.002167745 $ 294.81 $ (12.55) 90200120000 BAIER BARBARAJ 224 N MAIN ST $ 35,300 0.000817599 20 0.001539053 0.002356652 0.001178326 $ 160.25 $ (8.25) 90200140000 TOMAN/SANDRA PRUNTY DEBRA J 17WAUGOOAVE $ 55,400 0.001283144 20 0.001539053 0.002822197 0.001411099 $ 191.91 $ (2.57) 90200150000 CASPER WILLIAM J/SEAN C 19 WAUGOO AVE $ 100,800 0.002334673 40 0.003078107 0.005412780 0.002706390 $ 368.07 $ 11.09 90200160000 JUNGWIRTH RENTALS LLC BRETT 25 WAUGOO AVE $ 63,400 0.001468435 20 0.001539053 0.003007489 0.001503744 $ 204.51 $ (9.96) 90200170000 JUNGWIRTH RENTALS LLC BRETT WAUGOO AVE $ 6,700 0.000155182 62 0.004771066 0.004926247 0.002463124 $ 334.98 $ (4.28) 90200180000 JUNGWIRTH BRETT J 216 N MAIN ST $ 169,500 0.003925864 27 0.002077722 0.006003586 0.003001793 $ 408.24 $ (40.78) 90200190000 GRUENSTERN JON P 210 N MAIN ST $ 380,600 0.008815243 34 0.002616391 0.011431634 0.005715817 $ 777.35 $ 73.38 90200190100 NIAGARA FALLS LLC 210 N MAIN ST $ 481,800 0.011159180 34 0.002616391 0.013775571 0.006887786 $ 936.74 $ 246.16 90200190200 GRUENSTERN JON P 210 N MAIN ST $ 75,300 0.001744056 0 0.000000000 0.001744056 0.000872028 $ 118.60 $ (0,32) 90200190300 NIAGARA FALLS LLC 210 N MAIN ST $ 15,300 0.000354370 0 0.000000000 0.000354370 0.000177185 $ 24.10 $ 22,10 90200200000 GANNETT MIDWEST PUBLISHING INC 224 STATE ST $ 519.978 0.012043429 204 0.015698346 0.027741775 0.013870887 $ 1,886.44 $ (203.90) 90200210000 GANNETT MIDWEST PUBLISHING INC 216 STATE ST $ 238.018 0.005512850 62 0.004771066 0.010283915 0.005141958 $ 699.31 $ (94.25) 90200230000 MEYER & SONS C R 208 STATE ST $ 337,900 0,007826249 80 0.006156214 0.013982463 0.006991232 $ 950.81 $ (82.94) 90200240000 OSHKOSH BGOSH INC 206 STATE ST $ 324,600 0,007518202 120 0.009234321 0.016752523 0.008376262 $ 1,139.17 $ 47,65 90200640000 KIECKHAFER REV TRUST H AlP D 300 STATE ST $ 122,000 0.002825695 90 0.006925741 0.009751436 0.004875718 $ 663.10 $ 7.80 90200760000 BANK ONE OSHKOSH N A 300 N MAIN ST $ 2,024,500 0.046890329 495 0.038091574 0.084981902 0.042490951 $ 5,778.77 $ 47.99 90200820000 EXCLUSIVE COMPANY CORP 318 N MAIN ST $ 134,500 0.003115213 129 0.009926895 0.013042108 0.006521054 $ 886.86 $ 21.61 90200880000 ROBL PROPERTIES LLC 105 WASHINGTON AVE $ 412,600 0.009556409 150 0.011542901 0.021099310 0.010549655 $ 1,434.75 $ 360.31 90400790000 FOX RIVER DEVELOPMENT CO LLC 404 N MAIN ST $ 633,700 0.014677402 155 0.011927664 0.026605067 0.013302533 $ 1,809.14 $ 183.41 90400800000 GIOMBETTI JAMES A 416 N MAIN ST $ 93,300 0.002160962 20 0.001539053 0.003700016 0.001850008 $ 251.60 $ 19.15 90400810000 EXCLUSIVE CO CORP THE 418 N MAIN ST $ 66,100 0.001530971 20 0.001539053 0.003070024 0.001535012 $ 208.76 $ 0.29 90400820000 CRESCENT MOON PROPERTIES LLC 420 N MAIN ST $ 77,400 0.001792695 20 0.001539053 0.003331749 0.001665874 $ 226.56 $ 4.10 90400830000 422 & 424 NORTH MAIN STREET LLC 422 N MAIN ST $ 114,400 0.002649668 18 0.001385148 0.004034816 0,002017408 $ 274.37 $ 42.18 90400840000 422 & 424 NORTHMAIN STREET LLC 424 N MAIN ST $ 117,100 0.002712204 18 0.001385148 0.004097352 0.002048676 $ 278,62 $ 60.42 90400850000 MERTEN JR ETALJAMES F 426 N MAIN ST $ 84,300 0.001952509 20 0.001539053 0.003491563 0.001745781 $ 237.43 $ 13.57 10 ) ~ AppellQiX A ) 2006 DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT ASSESSMENT ROLL ASSESSED % TOTAL % TOTAL 2006 ASSESSMENT $ Change PARCEL NO. OWNER ADDRESS VALUE ASSESSED VALUE FOOTAGE FOOTAGE TOTAL % TOTAL ON $136,000 from 2005 90400860000 428 NORTH MAIN STREET LLC 428 N MAIN ST $ 87,700 0,002031258 20 0.001539053 0.003570311 0.001785156 $ 242.78 $ 9.13 90400870000 JFS ENTERPRISES LLC 430 N MAIN ST $ 114.600 0.002654301 20 0.001539053 0.004193354 0.002096677 $ 285.15 $ 47.50 90400880000 TOD MAR PROPERTY MANAGEMENT 432 N MAIN ST $ 141,400 0.003275027 38 0.002924202 0.006199229 0.003099614 $ 421.55 $ (14.92) 90400900000 PACKER NORMAN C/P C 438 N MAIN ST $ 139,200 0.003224072 41 0.003155060 0.006379132 0.003189566 $ 433.78 $ (43.65) 90400940000 BENT BLOCK OSHKOSH LLC 480 N MAIN ST $ 388,300 0,008993586 116 0.008926510 0.017920096 0.008960048 $ 1,218.57 $ (124.66) 90400950000 SAKSCHEK JOHN J/KATHLEEN 452 N MAIN ST $ 118,500 0.002744630 20 0.001539053 0.004283684 0.002141842 $ 291.29 $ 9.07 90400960000 JAHNKE 448 MAIN LLC 448 N MAIN ST $ 117,900 0.002730733 38 0.002924202 0.005654935 0.002827468 $ 384.54 $ 37.02 90400980000 RATCHMAN JEROME C 436 N MAIN ST $ 101,100 0.002341621 22 0.001692959 0.004034580 0.002017290 $ 274.35 $ 24,85 90400990000 GIOMBETTI JAMES A 414 N MAIN ST $ 35,800 0.000829179 16 0.001231243 0.002060422 0.001030211 $ 140.11 $ (11.88) 90401000000 RUSCH ETAL THOMAS N 408 N MAIN ST $ 184,100 0.004264021 62 0.004771066 0.009035086 0.004517543 $ 614.39 $ (23.27) 90401030000 OSHKOSH SAVINGS & LOAN ASSN 16 WASHINGTON AVE $ 545,200 0.012627615 211 0.016237014 0.028864630 0.014432315 $ 1,962.79 $ 83.53 90401070000 HILL MADONNA J 456 N MAIN ST $ 200,000 0,004632287 39 0.003001154 0.007633442 0.003816721 $ 519.07 $ 79.88 90401080000 LAIB TERRY 500 N MAIN ST $ 586,100 0.013574918 445 0.034243940 0.047818858 0.023909429 $ 3.251.63 $ 112,52 90401130000 CRESCENT MOON PROPERTIES LLC 538 N MAIN ST $ 107,800 0.002496803 70 0.005386687 0.007883490 0.003941745 $ 536.08 $ 33.69 90401140000 MELCHOIR WALTER P/MARY T N MAIN ST $ 18.000 0.000416906 30 0.002308580 0.002725486 0.001362743 $ 185.33 $ 7.54 90401150000 MELCHIOR WALTER P/MARYT 544 N MAIN ST $ 119,300 0.002763159 29 0.002231628 0.004994787 0.002497393 $ 339.65 $ (0.91) 90401600000 FOX RIVER DEVELOPMENT CO/W ALTER MELCHIOR N MAIN ST $ 36,500 0,000845392 61 0.004694113 0.005539506 0.002769753 $ 376.69 $ 15.38 90401620000 FOX RIVER DEVELOPMENT CO LLC 558 N MAIN ST $ 466,500 0.010804810 100 0.007695267 0.018500078 0.009250039 $ 1,258.01 $ 132.12 90401630000 BLESER ALBERT E 561 JEFFERSON ST $ 37,800 0.000875502 62 0.004771066 0.005646568 0.002823284 $ 383.97 $ 35.92 90401670000 BLESER ALBERT E 566 N MAIN ST $ 138,800 0.003214807 110 0.008464794 0.011679602 0.005839801 $ 794.21 $ 60.35 90401680000 SCHMIEDEL ENTERPRISES LLC 570 N MAIN ST $ 342,200 0.007925844 90 0.006925741 0.014851584 0,007425792 $ 1,009.91 $ 86.59 90401690000 SEIFELDT ESTHER D 576 N MAIN ST $ 90,400 0,002093794 30 0.002308580 0.004402374 0.002201187 $ 299.36 $ 19.63 99401700000 SEIFELDT ESTHER D 582 N MAIN ST $ 95,300 0.002207285 45 0.003462870 0.005670155 0.002835078 $ 385.57 $ (5.04) 90401710000 SEIFELDT ESTHER D 584 N MAIN ST $ 99.800 0,002311511 105 0.008080031 0.010391542 0.005195771 $ 706.62 $ (17.39) 90401720000 LAGER WAYNE R 17 E PARKWAY AVE $ 83,000 0.001922399 120 0.009234321 0.011156720 0.005578360 $ 758.66 $ 3.52 90401730000 SEIFELDT ESTHER D JEFFERSON ST $ 36,000 0.000833812 60 0.004617160 0.005450972 0.002725486 $ 370.67 $ 34.27 90700010000 R G M INVESTMENTS 401 N MAIN ST $ 161,300 0.003735940 100 0.007695267 0.011431207 0.005715604 $ 777.32 $ 88.74 90700010200 THANK YOU VERY MUCH FOR THE MONEY LLC 407 N MAIN ST $ 172,800 0.004002296 47 0.003616776 0.007619072 0.003809536 $ 518.10 $ (22.67) 90700010300 PYFER JEFFREY L 411 N MAIN ST $ 72,100 0.001669940 29 0.002231628 0.003901567 0.001950784 $ 265.31 $ (24.48) 90700020000 KRUMRICH ETAL JOSEPH F 413 N MAIN ST $ 36,800 0.000852341 20 0.001539053 0.002391394 0.001195697 $ 162.61 $ (1.49) 90700030000 415417419 NORTH MAIN STREET LLC 415 NMAIN ST $ 102,900 0.002383312 60 0.004617160 0.007000472 0.003500236 $ 476.03 $ (161.77) 90700060000 WALLACE JR ETAL JOHN H/MARTHA 110 ALGOMA BLVD $ 111,200 0.002575552 84 0.006464025 0.009039576 0.004519788 $ 614.69 $ (19.84) 90700080000 421 NORTH MAIN STREET LLC 421 N MAIN ST $ 81.000 0.001876076 20 0.001539053 0.003415130 0,001707565 $ 232.23 $ 19.76 90700100000 MARSH JEFFREY J 423 N MAIN ST $ 106.300 0.002462061 20 0.001539053 0.004001114 0.002000557 $ 272.08 $ 2.65 90700110000 STAPEL PROPERTIES LLC 427 N MAIN ST $ 385,800 0.008935682 83 0.006387072 0.015322754 0.007661377 $ 1,041.95 $ (2.85) 90700120000 BRITTON IVAK 435 N MAIN ST $ 76.000 0.001760269 27 0.002077722 0.003837991 0.001918996 $ 260.98 $ (4.36) 90700140000 STAPEL PROPERTIES LLC 451 N MAIN ST $ 268,000 0.006207265 86 0.006617930 0.012825195 0.006412598 $ 872.11 $ 29.46 90700160000 J A H ENTERPRISES 439 N MAIN ST $ 160,400 0.003715094 38 0.002924202 0.006639296 0.003319648 $ 451.47 $ 34.19 90700170000 KIFLE MRIMRS BESRAT B 441 N MAIN ST $ 90,600 0.002098426 20 0.001539053 0.003637480 0.001818740 $ 247.35 $ 31.49 90700190000 STAPEL PROPERTIES LLC 445 N MAIN ST $ 103,500 0.002397209 38 0.002924202 0.005321410 0.002660705 $ 361.86 $ 42.52 90700200000 STAPEL MRIMRS CARL A 455 N MAIN ST $ 56,600 0.001310937 20 0.001539053 0.002849991 0.001424995 $ 193.80 $ 11.31 90700210000 STAPEL PROPERTIES LLC 457 N MAIN ST $ 56,400 0,001306305 20 0.001539053 0.002845359 0.001422679 $ 193.48 $ 10.99 90700220000 STAPEL PROPERTIES I LLC 465 N MAIN ST $ 83,700 0.001938612 62 0.004771066 0,006709678 0.003354839 $ 456.26 $ 10.47 90700230000 STAPEL PROPERTIES I LLC 463 N MAIN ST $ 82,400 0.001908502 20 0.001539053 0.003447556 0.001723778 $ 234.43 $ 5,17 90700240000 STAPEL PROPERTIES LLC 459 N MAIN ST $ 89,100 0.002063684 40 0.003078107 0.005141791 0.002570895 $ 349.64 $ 38.63 90700260000 COMPASS PROPERTIES WEBSTER BLDG LLC 501 N MAIN ST $ 643,200 0.014897436 139 0.010696422 0.025593858 0.012796929 $ 1.740.38 $ 23.80 90700270000 3710 LISBON LLC 513 N MAIN ST $ 124,200 0.002876650 20 0.001539053 0.004415704 0.002207852 $ 300.27 $ 23.85 90700280000 LEE JAMES D 515 N MAIN ST $ 90,100 0.002086845 20 0.001539053 0.003625899 0.001812949 $ 246.56 $ 31.49 90700290000 KIN LLC 511 N MAIN ST $ 95,000 0.002200336 20 0.001539053 0.003739390 0.001869695 $ 254.28 $ 51.81 90700310000 BACKUS LARRY J 517 N MAIN ST $ 52,000 0.001204395 20 0.001539053 0.002743448 0.001371724 $ 186.55 $ (8.33) 90700320000 BACKUS LARRY J 519 N MAIN ST $ 140,800 0.003261130 40 0.003078107 0.006339237 0.003169619 $ 431.07 $ (50.83) 90700340000 FRISCH BRIAN/KAREN 523 N MAIN ST $ 77,200 0.001788063 20 0.001539053 0.003327116 0.001663558 $ 226.24 $ 9.78 90700350100 KITzrrHOMAS KITZ JEFFREY L 531 N MAIN ST $ 227,000 0.005257646 83 0.006387072 0.011644718 0.005822359 $ 791.84 $ 186.31 90700360000 RUSCH THOMAS N 537 N MAIN ST $ 229,600 0.005317866 180 0.013851481 0.019169347 0.009584674 $ 1,303.52 $ 425.27 90700380000 KING/KEITH E CLIFT DENNIS R 547 N MAIN ST $ 204,700 0.004741146 240 0.018468642 0.023209788 0.011604894 $ 1,578.27 $ 85.77 11 ~) ~ APP""dÎX A ) 2006 DOWNTOWN OSHKOSH BUSINESS IMPROVEMENT DISTRICT ASSESSMENT ROLL ASSESSED % TOTAL % TOTAL 2006 ASSESSMENT $ Change PARCEL NO. OWNER ADDRESS VALUE ASSESSED VALUE FOOTAGE FOOTAGE TOTAL % TOTAL ON $136,000 from 2005 90700450000 REITER/ROBERT 0 WOLF JAMES P 563 N MAIN ST $ 93,400 0.002163278 105 0.008080031 0.010243309 0.005121654 $ 696.55 $ 3.72 90700460000 REITER/ROBERT 0 WOLF JAMES P 571 N MAIN ST $ 357,500 0,008280214 93 0.007156599 0.015436812 0.007718406 $ 1,049.70 $ 45.44 90700490000 BERMINGHAM REV TRUST 577 N MAIN ST $ 50,000 0.001158072 25 0.001923817 0,003081889 0.001540944 $ 209.57 $ (6.95) 90700500000 SCHROEDER RICHARD/SUZANNE 579 N MAIN ST $ 143,600 0.003325982 83 0.006387072 0,009713054 0.004856527 $ 660.49 $ (6.75) 90700640000 VALLEY MARKETING INC 11 W PARKWAY AVE $ 59,800 0.001385054 113 0.008695652 0.010080706 0.005040353 $ 685.49 $ 29.59 90701220000 STAPEL PROPERTIES LLC 138 ALGOMA BLVD $ 136,100 0.003152272 100 0.007695267 0.010847539 0.005423769 $ 737.63 $ 19.07 90701230000 KOGUTKIEWICZ RENTALS LLC 146 ALGOMA BLVD $ 61,728 0.001429710 140 0.010773374 0.012203084 0.006101542 $ 829.81 $ (11,29) 90701240000 STAPEL PROPERTIES LLC DIVISION ST $ 25,700 0,000595249 40 0.003078107 0.003673356 0.001836678 $ 249.79 $ (5.26) 90701250000 STAPEL PROPERTIES LLC 420 DIVISION ST $ 109,900 0.002545442 80 0.006156214 0.008701656 0.004350828 $ 591,71 $ (8.32) 90800350000 STATE STREET SUITES LLC 126 STATE ST $ 427,300 0,009896882 194 0,014928819 0.024825701 0.012412850 $ 1,688.15 $ (6,02) 90800570000 AKO OSHKOSH/PARKVIEW OSHKOSH/OSHKOSH 100 100 N MAIN ST $ 6 149,200 0,142424307 870 0,066948826 0.209373133 0.104686567 $ 14,237.37 $ 29.36 $43,175,215 1.00 12,995 1.00 2.00 $ 1.00 $ 136,000.00 12 121 Updated 03-04 Wis. 8tats. Database UNOFFICIAL TEXT ('\ 2. Designates the reinvestment neighborhood or area as of a date provided in the resolution. 3. Contains findings that the area to be designated constitutes a reinvestment neighborhood or area. History: 1977 cA18; 1979 c. 361 s. 112; 1985 a. 29 s. 3200 (14); 1999 a. 150 s. 479; Stats. 1999 s. 66.1107; 2001 a. 104. Business improvement districts. (1) In this r,¡ 66.1109 section: (a) "Board" means a business improvement district board appointed under sub. (3) (a). (b) "Business improvement district" means an area within a municipality consisting of contiguous parcels and may include railroad rights-of-way, rivers, or highways continuously bounded by the parcels on at least one side, and shall include par- cels that are contiguous to the district but that were not included in the original or amended boundaries of the district because the parcels were tax-exempt when the boundaries were detennined and such parcels became taxable after the original or amended boundaries of the district were detennined. (c) "Chief executive officer" means a mayor, city manager, vil- lage president or town chairperson. (d) "Local legislative body" means a common council, village board of trustees. or town board of supervisors. (e) "Municipality" means a city, village or town. (t) "Operating plan" means a plan adopted or amended under this section for the development, redevelopment, maintenance, operation and promotion of a business improvement district, including all of the following: 1. The special assessment method applicable to the business improvement district. 1m. Whether real property used exclusively for manufactur- ing purposes will be specially assessed. 2. The kind, number and location of all proposed expendi- tures within the business improvement district. 3. A description of the methods of financing all estimated expenditures and the time when related costs will be incurred. 4. A description of how the creation of the business improve- ment district promotes the orderly development of the municipal- ity, including its relationship to any municipal master plan. 5. A legal opinion that subds. I. to 4. have been complied with. (g) "Planning commission" means a plan commission under s. 62.23, or if none a board of public land commissioners, or if none a planning committee of the local legislative body. (2) A municipality may create a business improvement dis- trict and adopt its operating plan if all of the following are met: (a) An owner of real property used for commercial purposes and located in the proposed business improvement district desig- nated under par. (b) has petitioned the municipality for creation of a business improvement district. (b) The planning commission has designated a proposed busi- ness improvement district and adopted its proposed initial operat- ing plan. (c) At least 30 days before creation of the business improve- ment district and adoption of its initial operating plan by the municipality, the planning commission has held a public hearing on its proposed business improvement district and initial operat- ing plan. Notice of the hearing shall be published as a class 2 notice under ch. 985. Before publication, a copy of the notice together with a copy of the proposed initial operating plan and a copy of a detail map showing the boundaries of the proposed busi- ness improvement district shall be sent by certified mail to all owners of real property within the proposed business improve- ment district. The notice shall state the boundaries of the proposed business improvement district and shall indicate that copies of the proposed initial operating plan are available from the planning commission on request. r\ APPENDIX B MUNICIPAL LAW 66.1109 (d) Within 30 days after the hearing under par. (c), the owners of property to be assessed under the proposed initial operating plan having a valuation equal to more than 40% of the valuation of all property to be assessed under the proposed initial operating plan, using the method of valuation specified in the proposed ini- tial operating plan, or the owners of property to be assessed under the proposed initial operating plan having an assessed valuation equal to more than 40% of the assessed valuation of all property to be assessed under the proposed initial operating plan, have not filed a petition with the planning commission protesting the pro- posed business improvement district or its proposed initial operat- ing plan. (e) The local legislative body has voted to adopt the proposed initial operating plan for the municipality. (3) (a) The chief executive officer shall appoint members to a business improvement district board to implement the operating plan. Board members shall be confinned by the local legislative body and shall serve staggered tenns designated by the local legis- lative body. The board shall have at least 5 members. A majority of board members shall own or occupy real property in the busi- ness improvement district. (b) The board shall annually consider and may make changes to the operating plan, which may include tennination of the plan, for its business improvement district. The board shall then submit the operating plan to the local legislative body for its approval. If the local legislative body disapproves the operating plan, the board shall consider and may make changes to the operating plan and may continue to resubmit the operating plan until local legis- lative body approval is obtained. Any change to the special assessment method applicable to the business improvement dis- trict shall be approved by the local legislative body. (c) The board shall prepare and make available to the public annual reports describing the current status of the business improvement district, including expenditures and revenues. The report shall include an independent certified audit of the imple- mentation of the operating plan obtained by the municipality. The municipality shall obtain an additional indePendent certified audit upon tennination of the business improvement district. (d) Either the board or the municipality, as specified in the operating plan as adopted, or amended and approved under this section, has all powers necessary or convenient to implement the operating plan, including the power to contract. (4) All special assessments received from a business improve- ment district and all other appropriations by the municipality or other moneys received for the benefit of the business improve- ment district shall be placed in a segregated account in the munici- pal treasury. No disbursements from the account may be made except to reimburse the municipality for appropriations other than special assessments, to pay the costs of audits required under sub. (3) (c) or on order of the board for the purpose of implementing the operating plan. On tennination of the business improvement district by the municipality, all moneys collected by special assessment remaining in the accou.nt shall be disbursed to the owners of specially assessed property in the business improve- ment district, in the same proportion as the last collected special assessment. (4m) A municipality shall tenninate a business improvement district if the owners of property assessed under the operating plan having a valuation equal to more than 50% of the valuation of all property assessed under the operating plan, using the method of valuation specified in the operating plan, or the owners of property assessed under the operating plan having an assessed valuation equal to more than 50% of the assessed valuation of all property assessed under the operating plan, file a petition with the planning commission requesting tennination of the business improvement district, subject to all of the following conditions: (a) A petition may not be filed under this subsection earlier than one year after the date the municipality first adopts the oper- ating plan for the business improvement district. Unofficial text from 03-04 Wis. Stats. database. See printed 03-04 Statutes and 2005 Wis. Acts for official text under s. 35.18 (2) stats. Report e"ors to the Revisor of Statutes at (608) 266-2011, FAX 264-6978, http://www.legis.state.wi.uslrsb/ 66.1109 MUNiCIPAL LAW r) (b) On and after the date a petition is filed under this subsec- tion, neither the board nor the municipality may enter into any new obligations by contract or otherwise to implement the operating plan until the expiration of30 days after the date of hearing under par. (c) and unless the business improvement district is not termi- nated under par. (e). (c) Within 30 days after the filing ofa petition under this sub- section, the planning commission shall hold a public hearing on the proposed termination. Notice of the hearing shall be published as a class 2 notice under ch. 985. Before publication, a copy of the notice together with a copy of the operating plan and a copy of a detail map showing the boundaries of the business improvement district shall be sent by certified mail to all owners of real property within the business improvement district. The notice shall state the boundaries of the business improvement district and shall indi- cate that copies of the operating plan are available from the plan- ning commission on request. (d) WIthin 30 days after the date of hearing under par. (c), every owner of property assessed under the operating plan may send written notice to the planning commission indicating, if the owner signed a petition under this subsection, that the owner retracts the owner's request to terminate the business improvement district, or, if the owner did not sign the petition, that the owner requests termination of the business improvement district. (e) If after the expiration of30 days after the date of hearing under par. (c), by petition under this subsection or subsequent notification under par. (d), and after subtracting any retractions under par. (d), the owners of property assessed under the operating plan having a valuation equal to more than 50% of the valuation of all property assessed under the operating plan, using the method of valuation specified in the operating plan, or the owners of prop- erty assessed under the operating plan having an assessed valua- tion equal to more than 50% of the assessed valuation of all prop- erty assessed under the operating plan, have requested the termination of the business improvement district, the municipality shall terminate the business improvement district on the date that the obligation with the latest completion date entered into to implement the operating plan expires. (5) (a) Real property used exclusively for residential purposes and real property that is exempted from general property taxes under s. 70.11 may not be specially assessed for purposes of this section. (b) A municipality may terminate a business improvement dis- trict at any time. (c) This section does not limit the power of a municipality under other law to regulate the use of or specially assess real prop- erty. History: 1983 a. 184; 1989 a. 56 s. 258; 1999 a. 150 s. 539; Slats. 1999 s. 66.1109; 2001 a. 85. r\ r", 66.1111 tion: (a) "Historic property" has the meaning given under s. 44.31 (3). (b) "Political subdivision" means a city, village, town or county. (2) ACQUISITION OF PROPERTY. A political subdivision may acquire by gift, purchase or condemnation any property right in historic property, whether the property is real or personal. (3) OWNERSIDP, USE AND DISPOSITIONOF PROPERTY. (a) Apolit- ical subdivision may preserve or rehabilitate any historic property which it owns, construct buildings on that property, own and maintain that property for public purposes or lease or convey that property. (b) If a political subdivision leases to another person historic property, the political subdivision shall include provisions in the lease which protect the historic character and qualities of that property. If the political subdivision conveys historic property, the political subdivision shall obtain a conservation easement Historic properties. (1) DEFINITIONS. In this sec- Updated 03-04 Wis. Stats. Database UNOFFICIAL TEXT 122 under s. 700.40 to protect the historic character and qualities of the property. (4) CONSIDERATION OF EFFECTS ON HISTORIC PROPERTIES. (a) In the earliest stage of planning any action related to the following, a political subdivision shall determine if its proposed action will affect any historic property which is a listed property, as defined under s. 44.31 (4), or which is on the list oflocally designated his- toric places under s. 44.45: 1. Long-range planning for facilities development. 2. Any action under sub. (3). 3. Razing any historic property which it owns. (b) A political subdivision shall notify the state historic pres- . ervation officer of any proposed action which it determines under par. (a) would affect any historic property. (5) GRANTS. A political subdivision may make grants offunds to any public or private entity for the purpose of preserving or rehabilitating historic property. History: 1987 a. 395; 1989 a. 31; 1999 a. 150 s. 88; Stats. 1999 s. 66.1111. 66.1113 tion: (a) "Inftastructure expenses" means the costs of purchasing, constructing or improving parking lots; access ways; transporta- tion facilities, including roads and bridges; sewer and water facili- ties; parks, boat ramps, beaches and other recreational facilities; fire fighting equipment; police vehicles; ambulances; and other equipment or materials dedicated to public safety or public works. (b) "Political subdivision" means a city, village, town or county. (c) "Premier resort area" means a political subdivision whose governing body enacts an ordinance or adopts a resolution under sub. (2) (a). (d) "Tourism-related retailers" means retailers classified in the standard industrial classification manual, 1987 edition, published by the U.S. office of management and budget under the following industry numbers: 1. 5331 - Variety stores. 2. 5399 - Miscellaneous general merchandise stores. 3. 5441 - Candy, nut and confectionary stores. 4. 5451 - Dairy product stores. 5. 5461 - Retail bakeries. 6. 5541 - Gasoline service stations. 7. 5812 - Eating places. 8. 5813 - Drinking places. 9. 5912 - Drug stores and proprietary stores. 10. 5921 - Liquor stores. 11. 5941 - Sporting goods stores and bicycle shops. 12. 5946 - Camera and photographic supply stores. 13. 5947 - Gift, novelty and souvenir shops. 14. 7011 - Hotels and motels. 15. 7032 - Sporting and recreational camps. 16. 7033 - Recreational vehicle parks and campsites. 17. 7948 - Racing, including track operation. 18. 7992 - Public golf courses. 19. 7993 - Coin-operated amusement devices. 20. 7996 - Amusement parks. 21. 7999 - .Amusement and recreational services, not else- where classified. (2) PREMIER RESORT AREA CREATION. (a) The governing body of a political subdivision, by a two-thirds vote of the members of the governing body who are present when the vote is taken, may enact an ordinance or adopt a resolution declaring itself to be a premier resort area if, except as provided in pars. (e) and (f), at least 40% of the equalized assessed value of the taxable property within such political subdivision is used by tourism-related retail- ers. Premier resort areas. (1) DEFINITIONS. In this sec- Unofficial text from 03-04 Wis. Stats. database. See printed 03-04 Statutes and 2005 Wis. Acts for official text under s. 35.18 (2) stats. Report errors to the Revisor of Statutes at (608) 266-2011, FAX 264-6978, http://www.1egls.state.wi.us/rsb/ CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, Wisconsin 54902-1130 APPENBIX C City of Oshkosh ri~. OJHKOfH City Attorney's Office Phone: (920) 236-5115 Fax: (920) 236-5090 http://www.ci.oshkosh.wi.us October 19, 2005 Mr. Jackson Kinney Director of Community Development City of Oshkosh 215 Church Ave. P.O. Box 1130 Oshkosh,VVI54903-1130 RE: Downtown Oshkosh Business Improvement District r\ Dear Mr. Kinney: I have reviewed the 2006 operating plan submitted this date by the Downtown Oshkosh Business Improvement District (DOBID), specifically with regard to the requirements set forth in Section 66.1109 (1 )(f) VVis. Stats., which calls for a legal opinion as to certain requirements met by the operating plan. It is my opinion that requirements as set forth in Section 66.1109 (1 )(f) have been met. The operating plan includes a provision indicating the special assessment method applicable to the DOBID. Real property used exclusively for manufacturing purposes will be assessed under the plan. A description of the kind, number, and location of the proposed expenditures within the DOBID is included as well as a description of the methods of financing to be used. Finally, the operating plan contains the required description of how the DOBID promotes the orderly development of the municipality, including its relationship to the City's Downtown Redevelopment Plan and Implementation Strategy. It is, therefore, my opinion that requirements of Section 66.1109 (1 )(f) have been complied with. r'l a n P. Kraft City Attorney () r\ APPENDIX D Downtown Oshkosh Business Improvement District Board Members Board Member Category Term Expires Barbara Baier Non-occupant/Owner 6/1/08 Mark Borhnstedt Owner/Occupant 6/1/06 David Hetzel At-Large 6/1/06 Megan Hoopman Non-occupant/Owner 6/1/07 Kurt Koeppler Non-occupant/Owner 6/1/08 Allan Martin Owner/Occupant 6/1/08 Norman Packer, Chair Noli-occupant/Owner 6/1/07 Jeff Robl Owner/Occupant 6/1/08 David Sparr, Vice-Chair Owner/Occupant 6/1/07 James Stapel Owner/Occupant 6/1/06 f\: 16